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commissioner and the appointment of the commissioner to
be established by law, or by the legislature.
Let me hasten to add that by the same token
we sincerely believe and recommend to the Committee of
the Whole that the power of the commissioner be determined
by rule, as proposed in the majority report, so that if th(
amendment of the minority carries, as we urge this
Committee to adopt, section 5.1I would read as follows:
"The General Assembly may provide for Com-
missioners of the bistrict Court. The number, qualifi-
cations, appointment, compensation, and tenure of District
Court Commissioners shall be prescribed by law. Commis-
sioners may exercise power only with respect to warrants
of arrest, bail, collateral, and incarceration pending
hearing, and then only as prescribed by rule,"
We think that this particular section is clear
divisible; the appointment and tenure is clearly a legis-
lative function, and the power is clearly a judicial funct
We urge the Committee of the Whole to give serious con-
sideration to our position on this matter.
TIIH CHAIRMAN: Are there any questions of the